The flag of the Northern Cheyenne Tribe. Photo from Facebook
A tribal court conviction can't be used to prove an Indian defendant is a repeat domestic violence offender, the 9th Circuit Court of Appeals ruled on Tuesday. Federal law, under 18 U.S.C. § 117, recognizes the use of "Indian tribal court proceedings" in order to punish habitual domestic violence offenders. But the 9th Circuit said those proceedings can't be used if the defendant wasn't provided with an attorney in violation of the Sixth Amendment to the U.S. Constitution. As a result, Michael Bryant Jr. will be able to pursue a dismissal of the indictment against him. Federal prosecutors cited two prior domestic violence cases in the courts of the Northern Cheyenne Tribe but the 9th Circuit made it clear that they can't be used against him. "We agree that Bryant’s prior tribal court domestic abuse convictions would have violated the Sixth Amendment had they been obtained in state or federal court," the decision stated. The 9th Circuit's decision runs counter to similar cases handled by the 8th Circuit Court of Appeals and the 10th Circuit Court of Appeals. That means the issue might be headed to the U.S. Supreme Court for resolution. "Given this circuit split and the lack of clarity in this area of Sixth Amendment law, the Supreme Court’s intervention seems warranted," observed Judge Paul J. Watford, who agreed with the 9th Circuit's holding but wrote separately to discuss the issue. Turtle Talk has posted documents from the case, US v. Bryant. Oral arguments can be found on the Indianz.Com SoundCloud
9th Circuit Decision:
US v. Bryant (September 30, 2014) Related Stories:
Supreme Court won't accept tribal domestic violence case (3/19)
Supreme Court won't hear Indian domestic violence case (02/21)
Two Indian domestic violence cases before Supreme Court (12/12)
10th Circuit allows use of tribal court conviction in federal court (7/27)
8th Circuit accepts tribal court convictions for federal prosecution (7/7)
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